Based on written communications from the Environmental Protection Agency’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under Toxic Substances Control Act Section 8(b)(2) authority. Chemicals long considered part of these well-established categories identified decades ago are complex reaction products that fall under the TSCA Section 8(b)(2) category listing. Given the statements from EPA over the past several years and recognizing that reporting under the TSCA Chemical Data Reporting (CDR) rule is just around the corner, a critically important question is whether chemicals that would otherwise fit within the Section 8(b)(2) categories are subject to reporting under the CDR. This article examines this question by considering the regulatory history and guidance, prior reporting that has occurred, and business issues associated with the question.
Final TSCA reporting and recordkeeping rule for nanoscale materials available
On January 12, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. According to a pre-publication version of the final rule, manufacturers and processers, or persons who intend to manufacture or process these chemical substances must report certain information...
“‘The New TSCA’—What You Need To Know” Webinar 3—Inventory, CDR, And CBI (Sections 8 & 14)
Monday, September 12, 20168:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time Register Today Biobased and Renewable Products Advocacy Group (BRAG®) affiliate Bergeson & Campbell, P.C. (B&C®) and Chemical Watch have collaborated to present a series of complimentary webinars on the reformed Toxic Substances Control Act (TSCA). Webinar 3 -- Inventory, CDR, and CBI will cover: Section 8 Reporting and Retention of Information Small Manufacturer Definition;...
10 things you need to know about the new U.S. chemicals law
The updated Toxic Substances Control Act brings new hope for protecting Americans’ health and environment. Here`s what it does — and doesn’t — do. “This is a big deal,” said President Barack Obama as he signed into law the bill that updates — for the first time in 40 years — the nation’s main chemical safety legislation. Called the Frank R. Lautenberg Chemical Safety for the 21st Century Act to honor the late senator for whom this was a special cause, the law...
What Does The Loss Of “Green Chemistry” Provision From Amended TSCA Mean For Biochemicals?
On July 15, 2016, Environmental Leader published "What Does the Loss of `Green Chemistry` Provision from Amended TSCA Mean for Biochemicals?," featuring comments by Lynn L. Bergeson, Managing Partner of Biobased and Renewable Products Advocacy Group (BRAG®) affiliate Bergeson & Campbell, P.C. (B&C®). Ms. Bergeson expanded on a previous blog post titled "Inside EPA Reports On Loss Of Green Chemistry Provision From TSCA Reform," stating: "While regrettable, the absence of the green chemistry...
Seeking Guidance on TSCA Section 8C
Challenge A manufacturer of wood treatment chemicals became concerned with potential adverse chemical reactions to pressure treated wood. Although no formal letters or reports of such reactions had been reported to the EPA, the client became worried about how such reactions could impact business. Solution In response to the client’s request, Antea Group reviewed TSCA Section 8(c) regulation [40 CFR 717] and performed an extensive risk evaluation to determine potential actions and/or reporting that may be...